STATE OF NEW YORK
________________________________________________________________________
6982
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. WOERNER, SIMPSON -- read once and referred to the
Committee on Children and Families
AN ACT to amend the social services law, in relation to outdoor nature-
based child care programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 1 of section 390 of the social
2 services law, as added by chapter 750 of the laws of 1990, is amended
3 and a new paragraph (h) is added to read as follows:
4 (c) "Child day care center" shall mean any program or facility caring
5 for children for more than three hours per day per child in which child
6 day care is provided by a child day care provider except those programs
7 operating as a group family day care home as such term is defined in
8 paragraph (d) of this subdivision, a family day care home, as such term
9 is defined in paragraph (e) of this subdivision, [and] a school-age
10 child care program, as such term is defined in paragraph (f) of this
11 subdivision, or an outdoor nature-based child care program as defined in
12 paragraph (h) of this subdivision.
13 (h) "Outdoor nature-based child care program" shall mean a program
14 operated by a child day care provider caring for children aged four
15 years or older for more than three hours per day per child in which
16 enrolled children spend most of their time outdoors or in a structure
17 providing a warm and dry place to play during inclement weather. Such
18 structure may be a studio, yurt, teepee, greenhouse or similar structure
19 and may have a composting toilet or outhouse with an appropriate hand
20 cleaning station. Such structure may be heated by a woodstove or other
21 heat source, provided that such heat source is safe and inspected by the
22 office of children and family services as well as the fire safety
23 inspector of any local village, town or city having jurisdiction over
24 the site of the program. Such outdoor nature-based child care program
25 shall only be licensed on a farm or in a nature preserve, park or other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10300-01-5
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1 open space comprising at least seven contiguous acres of land owned or
2 leased by the program or by the director, owner or proprietor of such
3 program.
4 § 2. Paragraph (a) of subdivision 2 of section 390 of the social
5 services law, as amended by section 3 of part H of chapter 56 of the
6 laws of 2019, is amended to read as follows:
7 (a) Child day care centers caring for seven or more children, outdoor
8 nature-based child care programs and group family day care programs, as
9 defined in subdivision one of this section, shall obtain a license from
10 the office of children and family services and shall operate in accord-
11 ance with the terms of such license and the regulations of such office.
12 Initial licenses and subsequent licenses shall be valid for a period of
13 up to four years so long as the provider remains substantially in
14 compliance with applicable law and regulations during such period.
15 § 3. Paragraph (a) of subdivision 2-a of section 390 of the social
16 services law, as added by chapter 416 of the laws of 2000, is amended to
17 read as follows:
18 (a) The office of children and family services shall promulgate regu-
19 lations which establish minimum quality program requirements for
20 licensed and registered child day care homes, programs and facilities.
21 Such requirements shall include but not be limited to (i) the need for
22 age appropriate activities, materials and equipment to promote cogni-
23 tive, educational, social, cultural, physical, emotional, language and
24 recreational development of children in care in a safe, healthy and
25 caring environment, (ii) principles of childhood development, (iii)
26 appropriate staff/child ratios for family day care homes, group family
27 day care homes, school age day care programs, outdoor nature-based child
28 care programs and day care centers, provided however that such
29 staff/child ratios shall not be less stringent than applicable
30 staff/child ratios as set forth in part four hundred fourteen, four
31 hundred sixteen, four hundred seventeen or four hundred eighteen of
32 title eighteen of the New York code of rules and regulations as of Janu-
33 ary first, two thousand, (iv) appropriate levels of supervision of chil-
34 dren in care, and (v) minimum standards for sanitation including stand-
35 ards for composting toilets and outhouses for outdoor nature-based child
36 care programs, health, infection control, nutrition, buildings and
37 equipment, safety, security procedures, first aid, fire prevention, fire
38 safety, evacuation plans and drills, prevention of child abuse and
39 maltreatment, staff qualifications and training, record keeping, and
40 child behavior management, providing however, that such standards are
41 contextually appropriate for outdoor nature-based child care programs as
42 well as for more traditional child care programs.
43 § 4. Subdivisions 6 and 10 of section 390 of the social services law,
44 subdivision 6 as added by chapter 750 of the laws of 1990 and subdivi-
45 sion 10 as amended by chapter 416 of the laws of 2000, are amended to
46 read as follows:
47 6. Unless otherwise limited by law, a parent with legal custody or a
48 legal guardian of any child in a child day care program shall have
49 unlimited and on demand access to such child or ward. Such parent or
50 guardian unless otherwise limited by law, also shall have the right to
51 inspect on demand during its hours of operation any area of a child day
52 care center, group family day care home, school-age child care program,
53 [or] family day care home, or outdoor nature-based child care program to
54 which the child or ward of such parent or guardian has access or which
55 could present a hazard to the health and safety of the child or ward.
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1 10. Any home or facility providing child day care shall be operated in
2 accordance with applicable statutes and regulations. Any violation of
3 applicable statutes or regulations shall be a basis to deny, limit,
4 suspend, revoke, or terminate a license or registration. Consistent with
5 articles twenty-three and twenty-three-A of the correction law, and
6 guidelines referenced in subdivision two of section four hundred twen-
7 ty-five of this article, if the office of children and family services
8 is made aware of the existence of a criminal conviction or pending crim-
9 inal charge concerning an operator of a family day care home, group
10 family day care home, school-age child care program, outdoor nature-
11 based child care program, or child day care center or concerning any
12 assistant, employee or volunteer in such homes, programs or centers, or
13 any persons age eighteen or over who reside in such homes, such
14 conviction or charge may be a basis to deny, limit, suspend, revoke,
15 reject, or terminate a license or registration. Before any license
16 issued pursuant to the provisions of this section is suspended or
17 revoked, before registration pursuant to this section is suspended or
18 terminated, or when an application for such license is denied or regis-
19 tration rejected, the applicant for or holder of such registration or
20 license is entitled, pursuant to section twenty-two of this chapter and
21 the regulations of the office of children and family services, to a
22 hearing before the office of children and family services. However, a
23 license or registration shall be temporarily suspended or limited with-
24 out a hearing upon written notice to the operator of the facility
25 following a finding that the public health, or an individual's safety or
26 welfare, are in imminent danger. The holder of a license or registrant
27 is entitled to a hearing before the office of children and family
28 services to contest the temporary suspension or limitation. If the hold-
29 er of a license or registrant requests a hearing to contest the tempo-
30 rary suspension or limitation, such hearing must be scheduled to
31 commence as soon as possible but in no event later than thirty days
32 after the receipt of the request by the office of children and family
33 services. Suspension shall continue until the condition requiring
34 suspension or limitation is corrected or until a hearing decision has
35 been issued. If the office of children and family services determines
36 after a hearing that the temporary suspension or limitation was proper,
37 such suspension or limitation shall be extended until the condition
38 requiring suspension or limitation has been corrected or until the
39 license or registration has been revoked.
40 § 5. Subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision
41 11 of section 390 of the social services law, as amended by chapter 416
42 of the laws of 2000, are amended to read as follows:
43 (i) The office of children and family services shall adopt regulations
44 establishing civil penalties of no more than five hundred dollars per
45 day to be assessed against child day care centers, school age child care
46 programs, group family day care homes [or] family day care homes, or
47 outdoor nature-based child care programs for violations of this section,
48 sections three hundred ninety-a and three hundred ninety-b of this title
49 and any regulations promulgated thereunder. The regulations establishing
50 civil penalties shall specify the violations subject to penalty.
51 (ii) The office of children and family services shall adopt regu-
52 lations establishing civil penalties of no more than five hundred
53 dollars per day to be assessed against child day care providers who
54 operate child day care centers, outdoor nature-based child care programs
55 or group family day care homes without a license or who operate family
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1 day care homes, school-age child care programs, or child day care
2 centers required to be registered without obtaining such registration.
3 (iii) In addition to any other civil or criminal penalty provided by
4 law, the office of children and family services shall have the power to
5 assess civil penalties in accordance with its regulations adopted pursu-
6 ant to this subdivision after a hearing conducted in accordance with
7 procedures established by regulations of the office of children and
8 family services. Such procedures shall require that notice of the time
9 and place of the hearing, together with a statement of charges of
10 violations, shall be served in person or by certified mail addressed to
11 the school age child care program, group family day care home, family
12 day care home, outdoor nature-based child care program, or child day
13 care center at least thirty days prior to the date of the hearing. The
14 statement of charges shall set forth the existence of the violation or
15 violations, the amount of penalty for which the program may become
16 liable, the steps which must be taken to rectify the violation, and
17 where applicable, a statement that a penalty may be imposed regardless
18 of rectification. A written answer to the charges of violations shall be
19 filed with the office of children and family services not less than ten
20 days prior to the date of hearing with respect to each of the charges
21 and shall include all material and relevant matters which, if not
22 disclosed in the answer, would not likely be known to the office of
23 children and family services.
24 § 6. Subparagraph (ii) of paragraph (b) of subdivision 11 of section
25 390 of the social services law, as amended by chapter 416 of the laws of
26 2000, is amended to read as follows:
27 (ii) Upon the request of the office of children and family services,
28 the attorney general shall commence an action in any court of competent
29 jurisdiction against any child day care program subject to the
30 provisions of this subdivision and against any person, entity or corpo-
31 ration operating such center or school age child care program, group
32 family day care home [or], family day care home, or outdoor nature-based
33 child care program for the recovery of any penalty assessed by the
34 office of children and family services in accordance with the provisions
35 of this subdivision.
36 § 7. Clause (A) of subparagraph (ii) of paragraph (c) of subdivision
37 11 of section 390 of the social services law, as amended by chapter 117
38 of the laws of 2010, is amended to read as follows:
39 (A) the child day care provider has operated a child day care center,
40 outdoor nature-based child care program, or group family day care home
41 without a license, has refused to seek a license for the operation of
42 such a center, program or home, or has continued to operate such a
43 center, program or home after denial of a license application, revoca-
44 tion of an existing license or suspension of an existing license;
45 § 8. Subparagraph (ii) of paragraph (e) of subdivision 11 of section
46 390 of the social services law, as added by chapter 117 of the laws of
47 2010, is amended to read as follows:
48 (ii)(A) Such office shall deny a new application for licensure or
49 registration made by a day care provider who is enjoined or otherwise
50 prohibited by a court order from operation of a day care center, group
51 family day care home, family day care home, outdoor nature-based child
52 care program or school-age child care program without a license or
53 registration for a period of two years from the date of the court order
54 unless the court order specifically enjoins the provider from providing
55 day care for a period longer than two years, in which case the office
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1 shall deny any new application made by the provider while the provider
2 is so enjoined.
3 (B) Such office shall deny a new application for licensure or regis-
4 tration made by a day care provider who is assessed a second civil
5 penalty by such office for having operated a day care center, group
6 family day care home, family day care home, outdoor nature-based child
7 care program or school-age child care program without a license or
8 registration for a period of two years from the date of the second fine.
9 For the purposes of this paragraph, the date of the second fine shall be
10 either the date upon which the day care provider signs a stipulation
11 agreement to pay the second fine or the date upon which a hearing deci-
12 sion is issued affirming the determination of such office to impose the
13 second fine, as applicable.
14 § 9. Paragraph (a) of subdivision 12 of section 390 of the social
15 services law, as amended by chapter 117 of the laws of 2010, is amended
16 to read as follows:
17 (a) Notwithstanding any other provision of law, except as may be
18 required as a condition of licensure or registration by regulations
19 promulgated pursuant to this section, no village, town (outside the area
20 of any incorporated village), city or county shall adopt or enact any
21 law, ordinance, rule or regulation which would impose, mandate or other-
22 wise enforce standards for sanitation, health, fire safety or building
23 construction on a one or two family dwelling or multiple dwelling used
24 to provide group family day care or family day care than would be appli-
25 cable were such child day care not provided on the premises. No village,
26 town (outside the area of any incorporated village), city or county
27 shall prohibit or restrict use of a one or two family dwelling, or
28 multiple dwelling for family or group family day care where a license or
29 registration for such use has been issued in accordance with regulations
30 issued pursuant to this section. Additionally, no village, town (outside
31 the area of any incorporated village) or city shall prohibit or restrict
32 the use of a structure approved by the office of children and family
33 services for use in an outdoor nature-based child care program pursuant
34 to paragraph (h) of subdivision one of this section. Nothing in this
35 paragraph shall preclude local authorities with enforcement jurisdiction
36 of the applicable sanitation, health, fire safety or building
37 construction code from making appropriate inspections to assure compli-
38 ance with such standards.
39 § 10. Subdivision 2 of section 390-a of the social services law, as
40 amended by chapter 416 of the laws of 2000, paragraph (e) as added by
41 chapter 230 of the laws of 2001, is amended to read as follows:
42 2. No license or registration shall be issued to a family day care
43 home, group family day care home, school age child care program, outdoor
44 nature-based child care program or child day care center and no such
45 registration or license shall be renewed until it can be demonstrated by
46 the employer or licensing agency that there is a procedure developed and
47 implemented, in accordance with section three hundred ninety-b of this
48 title and pursuant to regulations of the office of children and family
49 services, to:
50 (a) review and evaluate the backgrounds of and information supplied by
51 any person applying to be a child day care center, outdoor nature-based
52 child care program or school-age child care program employee or volun-
53 teer or group family day care assistant, a provider of family day care
54 or group family day care, or a director of a child day care center, head
55 start day care center, outdoor nature-based child care program or
56 school-age child care program. Such procedures shall include but not be
A. 6982 6
1 limited to the following requirements: that the applicant set forth [his
2 or her] their employment history, provide personal and employment refer-
3 ences; submit such information as is required for screening with the
4 statewide central register of child abuse and maltreatment in accordance
5 with the provisions of section four hundred twenty-four-a of this arti-
6 cle; sign a sworn statement indicating whether, to the best of [his or
7 her] their knowledge, [he or she has] they have ever been convicted of a
8 crime in this state or any other jurisdiction; and provide [his or her]
9 their fingerprints for submission to the division of criminal justice
10 services in accordance with the provisions of section three hundred
11 ninety-b of this title;
12 (b) establish relevant minimal experiential and educational qualifica-
13 tions for employees and directors of child day care centers, outdoor
14 nature-based child care programs or head start day care center programs;
15 (c) assure adequate and appropriate supervision of employees and
16 volunteers of group family day care homes, family day care homes, child
17 day care centers, outdoor nature-based child care programs and school-
18 age child care programs; and
19 (d) demonstrate, in the case of child day care centers, group family
20 day care homes, family day care homes, outdoor nature-based child care
21 programs and school-age child care programs the existence of specific
22 procedures which will assure the safety of a child who is reported to
23 the state central register of child abuse and maltreatment as well as
24 other children provided care by such homes, centers or programs, imme-
25 diately upon notification that a report has been made with respect to a
26 child named in such report while the child was in attendance at such
27 homes, centers or programs.
28 (e) establish necessary rules to provide for uniform visitor control
29 procedures, including visitor identification.
30 § 11. Paragraph (a) of subdivision 3 of section 390-a of the social
31 services law, as amended by section 7 of part H of chapter 56 of the
32 laws of 2019, is amended to read as follows:
33 (a) The office of children and family services shall promulgate regu-
34 lations requiring operators, program directors, employees and assistants
35 of family day care homes, group family day care homes, school-age child
36 care programs, outdoor nature-based child care programs, and child day
37 care centers to pre-service and annual training, as applicable. Provided
38 however that such providers shall be required to receive thirty hours of
39 training every two years; provided, however, any individual or provider
40 who is already in compliance with this subdivision, prior to the effec-
41 tive date of [the] part H of chapter fifty-six of the laws of two thou-
42 sand nineteen [that amended this subdivision], shall only be required to
43 complete any additional federal training requirements which they have
44 not already completed in order to be deemed in compliance with this
45 subdivision. Fifteen hours of such training must be received within the
46 first six months of the initial licensure, registration or employment.
47 Such training requirements shall also apply to any volunteer in such day
48 care homes, programs or centers who has the potential for regular and
49 substantial contact with children. The thirty hours of training
50 required during the first biennial cycle after initial licensure or
51 registration shall include training received while an application for
52 licensure or registration pursuant to section three hundred ninety of
53 this title is pending. The office of children and family services may
54 provide this training through purchase of services.
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1 § 12. Paragraph c of subdivision 5 of section 390-a of the social
2 services law, as added by chapter 334 of the laws of 2010, is amended to
3 read as follows:
4 c. The director of a child day care center shall provide that at least
5 one employee who holds a valid certification in a course of study in
6 first aid knowledge and skills and cardiopulmonary resuscitation, with
7 an emphasis on providing that aid to children, as approved by the
8 commissioner of the office of children and family services, be on prem-
9 ises during the operating hours of such child day care center, provided
10 however that all employees of an outdoor nature-based child care center
11 shall have such certification within six months of their date of hire.
12 § 13. Subdivision 8 of section 390-b of the social services law, as
13 added by chapter 416 of the laws of 2000, is amended to read as follows:
14 8. Any safety assessment required pursuant to this section shall
15 include a review of the duties of the individual, the extent to which
16 such individual may have contact with children in the program or house-
17 hold and the status and nature of the criminal charge or conviction.
18 Where the office of children and family services performs the safety
19 assessment, it shall thereafter take all appropriate steps to protect
20 the health and safety of children receiving care in the child day care
21 center, school age child care program, family day care home [or], group
22 family day care home or outdoor nature-based child care program.
23 § 14. Subdivision 4 of section 412 of the social services law, as
24 amended by section 2-a of part D of chapter 501 of the laws of 2012, is
25 amended to read as follows:
26 4. "Subject of the report" means any parent of, guardian of, or other
27 person eighteen years of age or older legally responsible for, as
28 defined in subdivision (g) of section one thousand twelve of the family
29 court act, a child reported to the statewide central register of child
30 abuse and maltreatment who is allegedly responsible for causing injury,
31 abuse or maltreatment to such child or who allegedly allows such injury,
32 abuse or maltreatment to be inflicted on such child; or a director or an
33 operator of, or employee or volunteer in, a home operated or supervised
34 by an authorized agency, the office of children and family services, or
35 in a family day-care home, a day-care center, a group family day care
36 home, a school-age child care program, an outdoor nature-based child
37 care program or a day-services program who is allegedly responsible for
38 causing injury, abuse or maltreatment to a child who is reported to the
39 statewide central register of child abuse or maltreatment or who
40 allegedly allows such injury, abuse or maltreatment to be inflicted on
41 such child;
42 § 15. Paragraph (a) of subdivision 1 of section 413 of the social
43 services law, as amended by section 7 of part C of chapter 57 of the
44 laws of 2018, is amended to read as follows:
45 (a) The following persons and officials are required to report or
46 cause a report to be made in accordance with this title when they have
47 reasonable cause to suspect that a child coming before them in their
48 professional or official capacity is an abused or maltreated child, or
49 when they have reasonable cause to suspect that a child is an abused or
50 maltreated child where the parent, guardian, custodian or other person
51 legally responsible for such child comes before them in their profes-
52 sional or official capacity and states from personal knowledge facts,
53 conditions or circumstances which, if correct, would render the child an
54 abused or maltreated child: any physician; registered physician assist-
55 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
56 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
A. 6982 8
1 psychologist; registered nurse; social worker; emergency medical techni-
2 cian; licensed creative arts therapist; licensed marriage and family
3 therapist; licensed mental health counselor; licensed psychoanalyst;
4 licensed behavior analyst; certified behavior analyst assistant; hospi-
5 tal personnel engaged in the admission, examination, care or treatment
6 of persons; a Christian Science practitioner; school official, which
7 includes but is not limited to school teacher, school guidance counse-
8 lor, school psychologist, school social worker, school nurse, school
9 administrator or other school personnel required to hold a teaching or
10 administrative license or certificate; full or part-time compensated
11 school employee required to hold a temporary coaching license or profes-
12 sional coaching certificate; social services worker; employee of a publ-
13 icly-funded emergency shelter for families with children; director of a
14 children's overnight camp, summer day camp or traveling summer day camp,
15 as such camps are defined in section thirteen hundred ninety-two of the
16 public health law; day care center worker; school-age child care worker;
17 provider of family or group family day care; provider of an outdoor
18 nature-based child care program; employee or volunteer in a residential
19 care facility for children that is licensed, certified or operated by
20 the office of children and family services; or any other child care or
21 foster care worker; mental health professional; substance abuse counse-
22 lor; alcoholism counselor; all persons credentialed by the office of
23 [alcoholism and substance abuse services] addiction services and
24 supports; employees, who are expected to have regular and substantial
25 contact with children, of a health home or health home care management
26 agency contracting with a health home as designated by the department of
27 health and authorized under section three hundred sixty-five-l of this
28 chapter or such employees who provide home and community based services
29 under a demonstration program pursuant to section eleven hundred fifteen
30 of the federal social security act who are expected to have regular and
31 substantial contact with children; peace officer; police officer;
32 district attorney or assistant district attorney; investigator employed
33 in the office of a district attorney; or other law enforcement official.
34 § 16. Paragraph (a) of subdivision 1 of section 413 of the social
35 services law, as amended by chapter 733 of the laws of 2023, is amended
36 to read as follows:
37 (a) The following persons and officials are required to report or
38 cause a report to be made in accordance with this title when they have
39 reasonable cause to suspect that a child coming before them in their
40 professional or official capacity is an abused or maltreated child, or
41 when they have reasonable cause to suspect that a child is an abused or
42 maltreated child where the parent, guardian, custodian or other person
43 legally responsible for such child comes before them in their profes-
44 sional or official capacity and states from personal knowledge facts,
45 conditions or circumstances which, if correct, would render the child an
46 abused or maltreated child: any physician; registered physician assist-
47 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
48 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
49 athletic trainer; psychologist; registered nurse; social worker; emer-
50 gency medical technician; licensed creative arts therapist; licensed
51 marriage and family therapist; licensed mental health counselor;
52 licensed psychoanalyst; licensed behavior analyst; certified behavior
53 analyst assistant; hospital personnel engaged in the admission, examina-
54 tion, care or treatment of persons; a Christian Science practitioner;
55 school official, which includes but is not limited to school teacher,
56 school guidance counselor, school psychologist, school social worker,
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1 school nurse, school administrator or other school personnel required to
2 hold a teaching or administrative license or certificate; full or part-
3 time compensated school employee required to hold a temporary coaching
4 license or professional coaching certificate; social services worker;
5 employee of a publicly-funded emergency shelter for families with chil-
6 dren; director of a children's overnight camp, summer day camp or trav-
7 eling summer day camp, as such camps are defined in section thirteen
8 hundred ninety-two of the public health law; day care center worker;
9 school-age child care worker; provider of family or group family day
10 care; provider of an outdoor nature-based child care program; employee
11 or volunteer in a residential care facility for children that is
12 licensed, certified or operated by the office of children and family
13 services; or any other child care or foster care worker; mental health
14 professional; substance abuse counselor; alcoholism counselor; all
15 persons credentialed by the office of [alcoholism and substance abuse
16 services] addiction services and supports; employees, who are expected
17 to have regular and substantial contact with children, of a health home
18 or health home care management agency contracting with a health home as
19 designated by the department of health and authorized under section
20 three hundred sixty-five-l of this chapter or such employees who provide
21 home and community based services under a demonstration program pursuant
22 to section eleven hundred fifteen of the federal social security act who
23 are expected to have regular and substantial contact with children;
24 peace officer; police officer; district attorney or assistant district
25 attorney; investigator employed in the office of a district attorney; or
26 other law enforcement official.
27 § 17. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
28 424-a of the social services law, as amended by section 14 of part H of
29 chapter 56 of the laws of 2019, is amended to read as follows:
30 (ii) A licensing agency shall inquire of the office whether an appli-
31 cant for a certificate, license or permit to operate a child care
32 program including a family day care home, group family day care home,
33 child care center, outdoor nature-based child care program, school age
34 child care program, or enrolled legally exempt provider or an employee,
35 volunteer or applicant to be an employee or volunteer in such program
36 who has potential for regular and substantial contact with children in
37 the program, is the confirmed subject of an indicated child abuse report
38 maintained by the statewide central register of child abuse and
39 maltreatment. The office shall promulgate regulations related to the
40 process by which providers and applicants will be informed whether the
41 applicant is authorized or unauthorized to care for children based on
42 the outcome of such inquiry.
43 § 18. Subdivision 4 of section 424-a of the social services law, as
44 amended by section 15 of part H of chapter 56 of the laws of 2019, is
45 amended to read as follows:
46 4. For purposes of this section, the term "licensing agency" shall
47 mean an authorized agency which has received an application to become an
48 adoptive parent or an authorized agency which has received an applica-
49 tion for a certificate or license to receive, board or keep any child
50 pursuant to the provisions of section three hundred seventy-six or three
51 hundred seventy-seven of this article or an authorized agency which has
52 received an application from a relative within the second degree or
53 third degree of consanguinity of the parent of a child or a relative
54 within the second degree or third degree of consanguinity of the step-
55 parent of a child or children, or the child's legal guardian for
56 approval to receive, board or keep such child, or an authorized agency
A. 6982 10
1 that conducts a clearance pursuant to paragraph (d) of subdivision two
2 of section four hundred fifty-eight-b of this article, or a state or
3 local governmental agency which receives an application to provide child
4 day care services in a child day care center, school-age child care
5 program, family day care home or group family day care home, outdoor
6 nature-based child care program, or enrolled legally-exempt provider as
7 such term is defined in subdivision one-a of section three hundred nine-
8 ty-b of this article pursuant to the provisions of section three hundred
9 ninety of this article, or the department of health and mental hygiene
10 of the city of New York, when such department receives an application
11 for a certificate of approval to provide child day care services in a
12 child day care center pursuant to the provisions of the health code of
13 the city of New York, or the office of mental health or the office for
14 people with developmental disabilities when such office receives an
15 application for an operating certificate pursuant to the provisions of
16 the mental hygiene law to operate a family care home, or a state or
17 local governmental official who receives an application for a permit to
18 operate a camp which is subject to the provisions of article thirteen-B
19 of the public health law or the office of children and family services
20 which has received an application for a certificate to receive, board or
21 keep any child at a foster family home pursuant to articles nineteen-G
22 and nineteen-H of the executive law or any other facility or provider
23 agency, as defined in subdivision four of section four hundred eighty-
24 eight of this chapter, in regard to any licensing or certification func-
25 tion carried out by such facility or agency.
26 § 19. Subdivision 2 of section 425 of the social services law, as
27 amended by chapter 126 of the laws of 2014, is amended to read as
28 follows:
29 2. The department, after consultation with the division for youth, the
30 division of criminal justice services, the department of mental hygiene,
31 the commission on quality of care for the mentally disabled and the
32 state education department shall develop guidelines to be utilized by
33 appropriate state and local governmental agencies and authorized agen-
34 cies as defined by subdivision ten of section three hundred seventy-one
35 of this article which have responsibility for the care and protection of
36 children, in evaluating persons who have a criminal conviction record
37 and who have applied to such agencies or provider agencies, as defined
38 in subdivision three of section four hundred twenty-four-a of this title
39 for employment or who have applied to such state agencies or licensing
40 agency as defined in subdivision four of section four hundred twenty-
41 four-a of this title, for a license, certificate, permit or approval to
42 be an adoptive parent, provider of day care services in a day care
43 center, outdoor nature-based child care program, family day care home or
44 group family day care home, an operator of a camp subject to the
45 provisions of article thirteen-B of the public health law, or an opera-
46 tor of a foster family home subject to the provisions of subdivision
47 seven of section five hundred one, section five hundred two or subdivi-
48 sion three of section five hundred thirty-two-a of the executive law or
49 section three hundred seventy-six and three hundred seventy-seven of
50 this article.
51 § 20. This act shall take effect immediately; provided however, that
52 section sixteen of this act shall take effect on the same date and in
53 the same manner as chapter 733 of the laws of 2023 takes effect.
